Cybersecurity Lessons From People's United Bank Case

Law360, New York (July 18, 2012, 2:26 PM EDT) -- It is a common scenario — a company's computer system becomes infected with some variant of the Zeus Trojan with a key logger that sends key strokes out to a command and control server operated by a criminal. The criminal searches the key strokes to find login credentials to that company's Internet bank account, which are used to access the account and make wire transfers to accounts controlled by money mules. If the transactions are not blocked by the bank or detected by the company in time to block them, the company and the bank end up in a dispute over who bears the risk of loss. If the dispute leads to litigation, each side faces risk and litigation costs, in part due to the practical difficulties of meeting their burdens of proof....

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